Conviction under Section 498A quashed due to amicable settlement and private marital nature.

ORDER

The concurrent verdicts of the Judicial First Class Magistrate Court, Kunnamangalam and the Additional Sessions Court, Fast Track(Adhoc-I), Kozhikode, in CC No.536 of 2000 and Crl.Appeal No.622 of 2005 respectively, convicting and sentencing the petitioner for the commission of offence under Section 498A IPC , are under challenge in this revision petition.

2. The prosecution case is that ever since the marriage of the petitioner/1st accused with PW1 on 01.05.1997, she was being subjected to cruelty by him as well as the other accused, who are his father and mother.

3. After evaluating the evidence adduced by the prosecution through the oral testimonies of PW1 to PW13, and the documents marked as Exts.P1 to P7, the learned Magistrate found the petitioner herein guilty of the offence under Section 498A IPC and convicted him thereunder. He was sentenced to undergo Rigorous Imprisonment for two years and fine Rs.3000/- for the commission of the aforesaid offence. Though the petitioner challenged the aforesaid verdict in appeal, the learned Additional Sessions Court, Fast Track (Adhoc-I), Kozhikode, refused to interfere with the findings of the learned Magistrate, and accordingly the appeal was dismissed confirming the conviction and sentence awarded by the Trial Court. Aggrieved by the above concurrent verdicts of the courts below, the petitioner has preferred this revision petition.

4. During the pendency of this revision proceedings, the matter has been amicably settled between the petitioner and PW1. Accordingly, PW1 filed a notarised affidavit in which it is stated that the issue has been amicably settled with the petitioner, and that she has no subsisting grievances. In the aforesaid affidavit, PW1 has indicated that the health condition of the petitioner is very bad after he suffered a stroke. It is by taking into account all the above circumstances, that PW1 had filed the aforesaid affidavit with a prayer to set aside the conviction and sentence of the petitioner.

5. The learned public prosecutor, upon instructions, submitted that PW1 had given a statement to the Investigating Officer also upon the same lines as stated in the affidavit filed before this Court.

6. It is apparent from the facts and circumstances of the case that the marital discord between the petitioner and PW1 is the offshoot of this Crime. Needless to say, the issue is purely private in nature. Now that the parties have resolved the disputes between them and decided to end the mutual enmity. It is due to the above reason that PW1 has taken the initiative to set aside the conviction and sentence of the petitioner. It appears that the request in the above regard, has to be allowed to maintain the harmonious relationship between the parties. Therefore, I am of the view that the conviction recorded and the sentence awarded by the courts below are liable to be set aside in the peculiar facts and circumstances of this case.